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november 1980

Supreme Court of India · 1980-11-25

BRIJENDRA SINGH vs STATE OF U.P. & ORS.

Citation / case number
SC 1980/63448
Court
Supreme Court of India
Petitioner
BRIJENDRA SINGH
Respondent
STATE OF U.P. & ORS.
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court interpreted Section 5(6) proviso (b) of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, which concerns the definition of 'good faith' in land transfers. The Court held that a sale made by a tenure-holder for adequate consideration and under an irrevocable instrument cannot be deemed not in 'good faith' solely because the tenure-holder failed to prove the necessity for the sale. The judgment clarified that the context of 'good faith' requires a bona fide transfer without collusion or subterfuge, allowing the appeal and reversing the lower authorities' decisions.

BRIJENDRA SINGH vs STATE OF U.P. & ORS. · Niyam